Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-08

A,LE0D ACQUITTED.
Investigation Into the Allegations
AEfdist Archie Mcleod in Connec.
\ tie1 with the Bonner Mercantile
Cenpany-T Tho Arguments Of Counsel
and the Testimony in the Case.
The case of the Territory vs. Archie Nc.
Leod, for larceny OF goods from the Bon
ner Mercantile Company, came up in the
Police Court yesterday. Messrs. George
Haldorn and c. J. Walsh appeared for the
prosecution. and Mr.. Scallan for the de-
fence. The forenoon was consumed in get.
ting . jury. and at 2 o'clock the trial o.
the case began. The prosecution opened
by placing Recorder Booth upon the
stand to prove the Incorporation of the
Bonner Mercantile Company. w. E. Pet.
tes, general manager, wat placed
upon tho stand and testified to the
length of employment OF the
defendant by the Bonner Company. A
parcel of goods, consisting of remnants OF
cloth OF different patterns from which gar
ments had been cut, two vest patteln ne OF
heavy winter goods, some tailor's trim
'mings, ETC., was brought into court and
spread upon the counsel table. Witness
identified them as the property OF the Bon
$40 N~--4-- mh~ 11&nnl@-< -4~LAd IN
the tailor shop. The goods were brought
up to the store On Thursday morning by
Mr.. Jolley. He interviewed the defendant
about them and defendant said the goods
were found in the yard of the Bonner
Mercantile Company in January. Defend
ant said he
PUT THEM IN A TRUNK.
Witness asked how much more there was
and defendant said Tommy Luxton had
goods he had given him before he
went to Canada. The conversation with
Mcleod took place in, the Office of the
Bonner Company Messrs. Cornell, Jolley
and Mckay were present. The fence round
the yard in which the goods were said to
was assistant cutter at a salary of
e25 q week. Mcleod made the admission
him that the goods in question came
rom his trunk, and that they had been
|ound in the back yard. That all but the
came from his trunk. Defendant
stated that Granston was rooming with
him. He said that Luxton had found the
goods in the back yard. He didn't say
both found them in the yard. Defend
said Luxton had given the goods to
him. There is q rear door to the store on
street, but not into the alley. The
alley il outside of the back yard. The rub
Dish from the store is thrown there.
MARSHAL JOLLEY TESTIFIED
hat Mckay had come to him on Thurs
lay last and complained that a pair OF
,ants had been stolen from the Bonner
Company, and he wanted Nc
Leod's room searched. They went to the
who was working in the store,
md he told him he would have to make
he search, and the defendant readily COM
,lied. They went to the room and looked
and found the trousers under a
trunk belonging to Granston, McLeod's
The Marshal identified the
,oods on tho table as having been found in |
dcLeod'e trunk, and said Mcleod admit
cd they came from the Bonner Company,
nut had found them in the alley last Janu-
ny. Mcleod said Mckay had thrown the |
GODS in the bundle out there, and he came
long and picked them up. The trunk in
vhich the bundle lay was locked. He found
he goods in McLeod's room in the Mt.
House.
Crosa-examined by Mr.. Scallan: When
he complaint of tho loss of the pants was
made to him, he went to Mcleod and sug-
ested they would have to go to his room
nd search it. Mckay went down with
hem. Mcleod seemed quite willing to
I'VE the search made and mentioned on
he way that there was a package in his
runk, which he produced when they got
here. Mckay and he both searched and
fled the trunk, under which the pants
1ere found. He said the goods in the bun
lay had thrown them into the alley in |
anuary. Mckay asked him in the room
there were any other goods than
WERE IN THE PACKAGE,
nd, he said there was q pair of pants he
ad given to q man named Luxton.. After
Gnding the goods they were taken to the
Mercantile Company and turned
Pettss handled the goods, as they
'ere brought to witness when he went for
hem nv q boy. Joseph Carter, collector
I the Bonner Mercantile Company, exam
1ed: Overheard . conversation between
r.. Pettes and Mr.. Mcleod, in the private
flee, in regard to a bundle of goods.
'ettes asked about these goods and Nc
cod replied that he and Tommy Luxton
ad found them at the back'door of the
Company. and that he had given
,uxton q pair OF pants off one OF the
ieces of the cloth.
On cross-examination the only addition
! fact elected was chat there was commu-
between the alley back of the
Company store and the tailor
hop.
ANDREW GRANsToN:
Known defendant for four months;
ooms with him at the Mount Vernon; iden-
fed three or four pieces of the goods in
ourt as having been shown him by Nc
cod one night at their room about the
fiddle of last week; Mcleod said he found
lem in the back yard last winter; said he
I'D been keeping them for some time; that
[cKay bad thrown them out there to take
way, and that they were the property of
,e company. On cross examination wit
ess' conversation with Mcleod was re-
eGCeQ. lie asked WlCne6S II ne Thought
[cKay honest, and showed witness the
undle of goods as having been thrown into
10 back yard IS a proof of his dishonesty.
fitness advised him not to have anything
!, do with them. Mcleod told hewitness
lat he noticed Mckay one night carving
1T q large bundle OF papers and throwing
lem in the back yard, and his suspicion
ling aroused he and Fisher and Luxto1
them and found the goods he
lowed witness. Luxton had got a pants
attern out OF the goods Mckay was seen
throw the bundle out. Witness and Nc.
BOD had roomed together three weeks,
to which Luxton hadroomed with
The prosecution then rested. l.
Mr.. scALLAN MOVED TIE COURT +,
at Mr.. Mckay be brought in and exam
ed on the part Of the prosecution. The
lpreme Court of Montana had ruled that :
. production of all the witnesses neces. ,
~ to the establishment of the prosecu-
pms case must be done at first and this
an Mckay was evidently the prime mover {
this prosecution and should be produced |
/!
Haldorn replied that they had no in !
ntion Of producing him except in rebuff ,,
l. l
Mr.. Scallan commended That Mckay was {
a nr0aeenkinO witneea who had insf;oo tod /